EB v TN & Ors

EB v TN & Ors

The combination of credible witness testimony, documentary evidence, and robust DNA testing establishes beyond reasonable doubt that LWB is the biological father of EB. The court has jurisdiction based on EB's domicile and habitual residence in England. The amendment to the birth register was lawfully carried out. Service on respondents outside jurisdiction was valid.

Parties
Applicant: EB (formerly known as IEB); First Respondent (estate): LWB (Deceased); Second Respondent: TN; Third Respondent: IB; Fourth Respondent: ZB; Fifth Respondent: LB; Sixth Respondent: TB; Seventh Respondent: EBM
Jurisdiction
England and Wales
Judgment Date
01 December 2017
Procedural Posture
Declaration of Parentage / Final Judgment After Contested Hearing
Outcome
Declaration of parentage granted; amendment to birth register affirmed; service validated.
Legal Topics
Declaration of Parentage, Domicile, Birth Registration Correction, Service Out of Jurisdiction, DNA Evidence
Family Law Civil Procedure Declaration of Parentage Domicile Birth Registration Correction Service Out of Jurisdiction DNA Evidence

Case Brief

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Parties

EB (formerly known as IEB)

Applicant

LWB (Deceased)

First Respondent (estate)

TN

Second Respondent

IB

Third Respondent

ZB

Fourth Respondent

LB

Fifth Respondent

TB

Sixth Respondent

EBM

Seventh Respondent

Procedural Posture

Declaration of Parentage / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether LWB is the biological father of EB
  2. 2 Whether BN was validly removed as named father from EB's birth register under English law
  3. 3 Whether service on respondents outside jurisdiction was valid

Ratio Decidendi

The combination of credible witness testimony, documentary evidence, and robust DNA testing establishes beyond reasonable doubt that LWB is the biological father of EB. The court has jurisdiction based on EB's domicile and habitual residence in England. The amendment to the birth register was lawfully carried out. Service on respondents outside jurisdiction was valid.

Court Disposition

Declaration of parentage granted; amendment to birth register affirmed; service validated.

Orders

  • Declaration that LWB is the biological father of EB
  • Affirmation that amendment to birth register was lawfully carried out